25.0752.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Richter, Heinert, Novak, J. Olson, Sanford, Murphy, Jonas
Senators Barta, Rummel, Schaible, Sickler
A BILL for an Act to create and enact a new section to chapter 15.1-27 of the North Dakota
Century Code, relating to transportation weighted student unit equivalents; to amend and
reenact section 15.1-31-05 of the North Dakota Century Code, relating to open enrollment
transportation; and to repeal sections 15.1-27-26.1, 15.1-27-27.1, 15.1-27-28.1, 15.1-27-30.1,
and 15.1-27-31.1 of the North Dakota Century Code, relating to payments for school district
transportation of students, special education students, and career and technical education
students, the distribution of transportation payments in the event of school district closure, and
state transportation payments to school districts.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 15.1-27 of the North Dakota Century Code is created
and enacted as follows:
Transportation average daily membership equivalents converted to weighted student
unit equivalents - Determination.
1.The superintendent of public instruction shall determine transportation average daily
membership equivalents for eligible school districts providing schoolbus transportation
in contract schoolbuses, or in district-owned and operated schoolbuses, and for
eligible school districts with students riding commercial buses to and from a school
within the incorporated limits of a city. Transportation average daily membership
equivalents must be determined as follows:
a.0.0011 multiplied by the number of eligible large bus miles;
b.0.00052 multiplied by the number of eligible small bus miles;
c.0.01 multiplied by the number of eligible large bus runs;
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ENGROSSED HOUSE BILL NO. 1214
FIRST ENGROSSMENT
with Senate Amendments
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d.0.00468 multiplied by the number of eligible small bus runs;
e.0.012 multiplied by the number of square miles in the school district;
f.2.0 multiplied by the number of educational school plants within the school district
boundary; and
g.0.00025 multiplied by the number of eligible miles transported by a student's
family and reimbursed by the school district.
2.The superintendent of public instruction shall determine each school district's total
transportation average daily membership equivalent by adding the products derived
under subsection 1 and then multiplying the total transportation average daily
membership equivalent by 0.091 to determine the school district's weighted student
unit equivalent.
3.Subject to legislative appropriation, the superintendent of public instruction shall pay
each school district providing school bus transportation in contract schoolbuses, or in
district-owned and operated schoolbuses, an amount equal to the school district's
weighted student unit equivalent multiplied by the per student payment rate for the
applicable school year in subsection 3 of section 15.1 - 27 - 04.1.
4.To be eligible, school districts must certify compliance with state law relating to
schoolbus standards and school vehicle driver requirements. The superintendent of
public instruction may adopt rules governing certification of compliance under this
subsection.
5.Each year, the superintendent of public instruction shall determine the school district's
transportation average daily membership equivalent based on the latest available
miles and runs. Eligible miles and runs include miles and runs transporting eligible
students to and from:
a.School, including miles students are transported by family transportation in
accordance with section 15.1 - 30 - 02;
b.Special education programs approved by the superintendent of public instruction,
regardless of whether the students transported live within the incorporated limits
of the city in which the students' school is located, including miles students are
transported by family transportation pursuant to subsection 6; and
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c.Career and technology centers and career and technical education courses,
either within the district or in other school districts offered through cooperative
arrangements approved by the state board for career and technical education,
regardless of whether the students transported live within the incorporated limits
of the city in which the students' school is located.
6.To be eligible for special education miles, a student transported by a family member
must:
a.Be a student with a disability as defined in chapter 15.1 - 32;
b.Have an individualized education program that requires the student attend a
public or nonpublic school located outside the student's school district of
residence; and
c.Be transported by an adult family member in family provided transportation
reimbursed by the school district for no more than two round trips per day
between the home of the student and the school.
7.If a school district ceases to exist, the superintendent of public instruction shall adjust,
in the first year after closure, the transportation average daily membership equivalents
of each school district in the state which enrolls students who attended the former
school. The superintendent of public instruction shall determine the transportation
average daily membership equivalents the former school district would have been
entitled to for providing transportation services during the school district's final year of
operation and shall prorate those transportation average daily membership
equivalents to each enrolling school district based on the number of students enrolled
from the former school. Transportation average daily membership equivalents of the
enrolling school districts after the first year will be based on reported transportation
average daily membership equivalents.
8.This section does not apply to miles and runs:
a.Incurred in providing transportation for students to attend extracurricular activities
or events; or
b.Related to students who are participating in open enrollment, or who are enrolled
pursuant to a written contract entered by the sending and admitting districts
which waives the charge and collection of tuition for the student.
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9.The superintendent of public instruction may adopt rules relating to information
reported by school districts and reporting deadlines.
SECTION 2. AMENDMENT. Section 15.1-31-05 of the North Dakota Century Code is
amended and reenacted as follows:
15.1-31-05. Open enrollment - Transportation.
A school district of residence may provide transportation to a student participating in open
enrollment. If a district of residence does not provide transportation to a student participating in
open enrollment, transportation may be provided by the admitting district. A school district may
not receive transportation aid disbursements under subdivision a of subsection 1 of section
15.1-27-26.1 or subsection 3 of section 15.1-27-26.1 forinclude any factors associated with
transporting students who are participating in open enrollment, or who are enrolled pursuant to
a written contract entered by the sending and admitting districts which waives the charge and
collection of tuition for the student in the calculation of transportation average daily membership
equivalents under section 2 of this Act .
SECTION 3. REPEAL. Sections 15.1-27-26.1, 15.1-27-27.1, 15.1-27-28.1, 15.1-27-30.1,
and 15.1-27-31.1 of the North Dakota Century Code are repealed.
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